R v Martinez; R v Tortell (No. 3) [2019] NSWSC 1619

R v Martinez; R v Tortell (No. 3) [2019] NSWSC 1619

The jury was discharged for reasons not attributable to any party or counsel, nor due to jury disagreement, thus certificates under Suitors' Fund Act 1951 should issue to each accused.

Jurisdiction
Australia
Judgment Date
15 November 2019
Procedural Posture
Criminal / Application for Certificate Following Discharge of Jury
Outcome
Certificates under Suitors' Fund Act 1951 issued to each accused.
Legal Topics
["application for Certificate Under Suitors' Fund Act 1951" 'jury Discharge' 'new Trial Ordered']
['criminal Procedure'] ["application for Certificate Under Suitors' Fund Act 1951" 'jury Discharge' 'new Trial Ordered']

Case Brief

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Procedural Posture

Criminal / Application for Certificate Following Discharge of Jury

Legal Issues

  1. 1 ["Whether the issue of a certificate under Suitors' Fund Act 1951 is warranted after jury discharge not attributable to accused/counsel's act, neglect, or default"]

Ratio Decidendi

The jury was discharged for reasons not attributable to any party or counsel, nor due to jury disagreement, thus certificates under Suitors' Fund Act 1951 should issue to each accused.

Court Disposition

Certificates under Suitors' Fund Act 1951 issued to each accused.

Orders

  • ['Two copies of a certificate executed for each accused, one copy retained by the Court, one furnished to the solicitor for each accused.']